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HomeMy WebLinkAbout06-4481HAROLD a IRMH 111 ESQ SUPREME COURT ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 1701 ATTORNEY FOR PLAINTIFF DAVID E. STEIOLEMAN, executor of the Estate of DERWOOD D. STEIGLEMAN, deceased, Plaintiff Vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006. yyf/ CIVIL TERM MICHAEL SLOSSER, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 DAVID E. STEICILEMAN, executor of the Estate of DERWOOD D. STEIOLEMAN, deceased, Plaintiff Va. MICHAEL BLOSSER, Defendant : IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006 -1/'/f'l CIVIL TERM COMPLAINT NOW comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint, representing as follows: 1. The plaintiff is DAVID E. STEIGLEMAN, executor of the estate of DERWOOD D. STEIGLEMAN, deceased, an adult individual residing at 4 Peach Orchard Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is MICHAEL BLOSSER, an adult individual residing at 405 Potato Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Derwood D. Steigleman (hereinafter referred to as "Decedent") died on June 19, 2006, whereupon the plaintiff was duly appointed his executor by the Register of Wills of Cumberland County, Pennsylvania. Plaintiff continues to act as the executor of the estate of Denaood D. Steigleman. 4. At the time of his death, the decedent was the owner of certain real estate located at 405 Potato Road, Carlisle, Cumberland County, Pennsylvania 17013. 5. Prior to his death, decedent permitted the defendant to reside in the real estate with him under such terms as decedent and defendant orally agreed. No written lease was ever entered into between decedent and defendant. 6. Plaintiff believes and therefore avers that prior to his death, decedent paid all household expenses for the premises, all utilities, taxes and insurance costs, as well as the expenses of any necessary maintenance during the time that the defendant lived with decedent. 7. Plaintiff, as executor of the estate, has entered into an agreement to sell the real estate, but the defendant has refused to vacate the premises so that the sale may be consummated. 8. On or about June 27, 2006, plaintiffs counsel served defendant with a notice to quit, directing defendant to vacate the premises no later than July 31, 2006. A copy of said notice is incorporated herein and attached hereto as Exhibit "A". 9. Defendant continues to maintain possession of the premises and has refused to vacate. 10. In addition, it has become apparent to the plaintiff that during and after decedent's lifetime, defendant, without authorization, utilized decedent's bank card from M & T Bank, withdrawing funds and / or paying for purchases with the card. Transactions totaling over $1,700 occurred even after decedent's death. 11. While defendant has returned $1,200 of the withdrawals and / or purchases since decedent's death, he has refused to return the balance or to account for his financial transactions prior to decedent's death, as requested in the June 27, 2006 letter from plaintiffs counsel. WHEREFORE, plaintiff demands judgment against the defendants for possession of the premises, plus costs, expenses and attorney fees associated with this eviction, a money judgment in the amount of at least $500, plus such other sums as may be become apparent during the trial of this matter. August 4, 2006 \,/ " V HAROLD S. IRWIN, III Attorney for plaintiffs 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION I verify that facts contained in the foregoing complaint are true and knowledge, information and belief. To the extent that the content c counsel, I have relied upon counsel in making this verification. statements made herein are subject to the penalties of 18 Pa.C.S.A. unswom falsification to authorities. August-L-72006 DAVID E. STET of Derwood D. correct to the best of my f the complaint is that of I understand that false Section 4094, relating to Estate HAROLD & IRWIN, M MARK F. BAYLEY RHONDA S. IRWIN JACQUELINE G. EGE SARAH A. HARDESTY LEGAL ASSISTANTS June 27, 2006 MICHAEL BLOSSER 405 POTATO RD CARLISLE PA 17013 /RW/N & BAYLEY ArroeNersAr4AW 64 8011177f P/rrSTREEr CARLISLE, PENNSYLVANIA 17013 www. irwinlawolfice. com e-mail: irwinlaw@earthlink.net RE: Estate of Derwood D. Steigleman Dear Mike: 717.243-6090 PHONE 717-243-9200 FACSIMILE I have bee retained by David Steigleman, administrator of the estate, to represent the estate. In that capacity, David has instructed me to provide you with this letter. It is possible that Bob and Doris may end up purchasing the property in which you now reside at 405 Potato Road. It is also possible that they may be willing to enter into an agreement with you to continue to reside there. However, those details are unknown at this time and you will need to work out an arrangement with them if they purchase the property. In the meantime, however, please understand that you no longer have authority to maintain possession of the property at 405 Potato Road. While the estate is appreciative of any care you did provide to Mr. Steigleman prior to his death, your present living arrangements are no longer acceptable. This letter should be accepted as formal notice form the estate that you are to vacate the premises no later than July 31, 2006. In addition, we expect you to provide to the estate, no later than August 1, 2006, a detailed accounting of all financial transactions you undertook on behalf of Derwood D. Steigleman since you have been living there and until surrender of his bank book, checkbook and / or bank card. If you have any questions or concerns regarding these matters, please feel free to contact this office. D V Harold S. Irwrn, III EXHIBIT "A" C?a -o .r IN THE COURT OF COMMON PLEAS OF CUMBELRAND COUNTY - PENNSYLVANIA DAVID E. STEIGLEMAN, : No.2006-4481 Civil Term Executor of the Estate of DERWOOD D. STEIGLEMAN, deceased : Civil Action - Law Plaintiff vs MICHAEL BLOSSER Defendant ANSWER Now comes the Defendant, Michael Blosser, by and through his Attorney, H. Anthony Adams and sets forth the following: 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. It is admitted that Derwood D. Steigleman paid the majority of the expenses for the household however Defendant contributed food and labor as well as the payment for various expenses. w ? w 7. Although Defendant has no direct knowledge of the fact averred he admits upon the Plaintiffs affirmation. 8. Admitted 9. Defendant continues to remain in possession of the home but he does not refuse to vacate, Defendant simply has not located a home to which he can move but hopes to do so within 30 days of this date. 10. Denied, Defendant was fully authorized to use the account of decedent and on numerous occasions would obtain cash for decedent and perform other financial services. 11. Denied, Defendant has returned to the heirs of the decedent through Defendant's mother the entire amount requested being $1,700.00. By way of further answer, Defendant denies any responsibility to account since all transaction that occurred prior to the death of Derwood D. Steigleman were approved or consented to by Derwood D. Steigleman and Defendant never was appointed nor acted in a fiduciary capacity. H. Anthony Adams Attorney for Defendant 49 West Orange Street Shippensburg, Pa. 17257 Supreme Court Id #25502 VERIFICATION I verify that the statements made in this answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: /o G C- Michael Blosser ?- rn ? rn W (J r j -s ? ? co SHERIFF'S RETURN - REGULAR CASE NO: 2006-04481 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STEIGLEMAN DAVID E ET AL VS BLOSSER MICHAEL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BLOSSER MICHAEL DEFENDANT the , at 1100:00 HOURS, on the 10th day of August , 2006 at 405 POTATO ROAD CARLISLE, PA 17013 AUDREY NEAL, GIRLFIREND was served upon by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.92 Postage .39 Surcharge 10.00 .00 36.31, afaa?vc Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 08/14/2006 IRWIN & BAYLEY By s- Deputy Sheriff of A. D. HAROLD S IRWIN 111 ESQ SUPREME COURT ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 ATTORNEY FOR PLAINTIFF DAVID E. STEIGLEMAN, executor : IN THE COURT OF COMMON PLEAS OF of the Estate of DERWOOD D. : CUMBERLAND COUNTY, PENNSYLVANIA STEIGLEMAN, deceased, Plaintiff Vs. : CIVIL ACTION - LAW MICHAEL BLOSSER, : NO. 2006 - 4481 CIVIL TERM Defendant PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Please mark this case settled and discontinued, with prejudice. September 1, 2009 Ln1?" "v'' ?l HAROLD S. IRWIN Ill Attorney for Plaintiff, 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 OF THE P" ?Y 200 9SE P -2 ° is 4, 0i CUr?Cr?,? ?-;??r